Can I sue seller's agent for lying to my buyer's agent about property?

Question

We entered contract on a property about 90 days ago and were to close last Wednesday. We have performed as buyer up to and including signing/wiring funds to escrow. However, seller is failing to perform in that some vandalism occurred to the property and they have not taken action to repair it in over 8 weeks.

Furthermore, the listing agent has committed the following actions which I believe are unethical:

- Failed to promptly disclose the vandalism. He found out on a Monday but did not tell our agent until Friday, one hour before the end of our due diligence period. This prevented us from making a reasoned decision about whether to back out of the deal without forfeiting our EMD.

- Lied to our agent about the status of repairs. Reported repairs in progress (but they weren't). Claimed repairs would be done by closing (but they hadn't even authorized a contractor to do work). We're in indefinite limbo here.

Anything we can sue this lying agent for?

Answer 1

Yes. It is unlawful to withhold any information about the property before close. Even if the information was new to sellers agent, once they came into possesion of this information they are required by law to devulge it in a timely manner.....

Answer 2

Yes. I don't know where you are, but in Canada the agent has to give full disclosure, which means telling you everything honestly even if you did not ask specific questions. You can report him to the Real Estate Board.
You can sue him and the real estate company he works for because they have vicarious liability, which means they are responsible for the actions of their agents.
Read the contract carefully. Get all the statements in writing on the contract, like the claim that repairs will be done by a certain date. Then, if they are not done by that date there is no binding contract.

Answer 3

Before running off to a lawyer and complicating matters further, try contacting the agent's broker to resolve the issue. If thery are not cooperative, inform them that you will be filing a complaint with the state RE board (and do so). Don't go to the closing table until the issue is resolved but also inform them IN WRITING of the reasons why. Document everything. If you haven't, it looks at face value like you are in default for not showing up at closing. If you no longer wish to continue in the deal, request a cancellation and return of earnest money IN WRITING. Your realtor should be working these issues on your behalf. Please don't tell me you don't have a realtor and please, if is warranted, file a complaint against the other realtor - this industry does not need another schmuck.

If all else fails, petition the title co with documentation, for return of the earnest money. If nothing else, this will forestall them turning it over to the seller. Then get a real estate attorney to sue for return of earnest money and attorney's fees.